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(영문) 부산지방법원 2016.07.20 2016고단1886
상습사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant did not possess goods by linking NAV with a foreign country (cafe.naver.com/joint) and did not intend to sell them, despite the absence of intention to sell them, the Defendant had the intent to deceiving the users of the above site to sell valuable goods and to acquire the proceeds thereof.

Therefore, the Defendant, on February 19, 2016, posted by the victim C at the above-mentioned foreign website around February 19, 2016, read “the purchase of the last cartoon book” and sold cartoon books by contact the victim.

On the same day, the member received 255,000 won as the price for the goods from the damaged person through the corporate bank account (Serial number: D) in the name of the defendant, and acquired it by money.

In addition, from March 17, 2015 to April 12, 2016, the Defendant habitually acquired the total amount of KRW 14,395,00 from the victims in total 84 times, such as the attached list of crimes (1), (2), (3) and additional criminal facts (84 times) and the previous criminal facts.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and G;

1. H, I, J, K, L, M, NA, P, Q, Q, R, T, U, V, W, X, Y, Z, AB, AC, AD, AE, AE, AF, AI, AJ, AJ, AK, AK, AL, AM, AM, AE, AP, AP, AP, AP, C, C, ATS, AS, AV, AV, AW, AX, AY, AZ, BA, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, BO, B, B, B, BO, B, B, B, B, B, B, BO, B, B, B, BO, B, B, B, B M, B, B, B, B M, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, C, C, C, C, C

1. A detailed statement of transactions and a statement of deposit transactions;

1. The habituality of the judgment: The defendant may be recognized as a habitor of the crime in light of the fact that the defendant repeatedly committed the crime in this case within a short period, similarity and connection of the means and methods of the crime, the circumstances after the crime, the age of the defendant, and the past criminal records;

Application of Statutes

1. Articles 351 and 347 (1) of the Criminal Act, inclusive, with respect to the facts constituting an offense;

1. Selection of penalty;

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